Kluwer Copyright Blog

MARCH 19, 2024

Instead, the court opted to render its judgment solely based on the evidence presented by the prosecutor’s office. Yet, the court failed to grapple with this topic and missed the opportunity to articulate a workable standard for distinguishing original works and transformative uses from pre-existing art works.

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

Instead, the court opted to render its judgment solely based on the evidence presented by the prosecutor’s office. Yet, the court failed to grapple with this topic and missed the opportunity to articulate a workable standard for distinguishing original works and transformative uses from pre-existing art works.

Art 52

Art Plagiarism Artwork Graphic Design 52

The IPKat

FEBRUARY 23, 2023

Emphasis added) The SPC overturned the first-instance judgment and ruled that Baijia store was to pay Jin a compensation for economic losses and reasonable expenses totalled 60,000 CNY. Finally, returning to the origin of punitive damages, we see terms like ‘exemplary’ and ‘deterrence’, targeting similar conducts in the future.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. I first wrote about the case two years ago , when District Judge Staci Yandle denied Take-Two’s motion for summary judgment. And no, this one won’t be the second.). Then, last week, the judge went further.

Fair Use 86

Fair Use Licensing Ownership Copying 86

The IPKat

AUGUST 4, 2021

The Court cited the position previously taken by the Beijing High People’s Court in another case (Administrative Judgment No. Second instance (Administrative Judgment No. In summary, the Beijing High People’s Court maintained the judgment made by the Beijing IP Court. Additionally, it noted that using Article 10.1(8)

Intellectual Property 62

Intellectual Property IP Law Registration 62

Patently-O

SEPTEMBER 7, 2022

” I might think of it as a pair of ongoing secret love affairs that finally resulted in a jilted lover. Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic.

Music 57

Music Contracts Confidentiality Litigation 57

Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. This is a default judgment. May 13, 2022).

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

Kluwer Copyright Blog

OCTOBER 5, 2022

The decision comes from the Defendant’s application to strike out the claim (or alternatively to obtain summary judgment) on the basis that the WaterRower cannot be a work of artistic craftsmanship within the meaning of s.4 Finally, the Defendant submitted an argument that relied on the decision in Response Clothing being wrongly decided.

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

Kluwer Copyright Blog

APRIL 26, 2022

This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. The lead up to this judgment has been covered extensively on the blog, where readers can find analysis of the hearing and the AG Opinion (see here and here ). The Judgment. Photo by Markus Spiske on Unsplash.

Intellectual Property 99

Intellectual Property Law Designs Design 99

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? In an attempt to have the final laugh, Verstappen brought the case before the Dutch Supreme Court.

Law 70

Law Copyright Law Advertising Advertising 70

LexBlog IP

JUNE 29, 2023

The order has the usual injunctive provisions you would expect from a MUSA case – but also, however, does impose a monetary judgment to the tune of $191,481 (which is quite the precise number we observe). The money here is not a penalty – without a Rule allegation, there can be no penalties in a case like this.

Litigation 52

Litigation Intellectual Property 52

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. This denial is sufficient to bar judgment on the pleadings on this cause of action. Moreover, he asserts that he was aware of the Comedy Dynamics negotiations but expressed concerns about the deal and never saw final paperwork. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) However, the district court rejected the verdict and instead granted Teva’s motion for judgment as a matter of no infringement. USPTO , No.

Patent Law 125

Patent Law Law Patent Invention 125

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. They must demonstrate only that their expression required skill and judgment. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Garrigues Blog

JUNE 1, 2021

Final act: will the Supreme Court lend bullfighting a helping hand? The Supreme Court published its judgment number 82/2021 on February 16, 2021, shortly after this post, holding that bullfights could not be protected due to their uncertainty and the difficulty in fixation. There will be a sequel! Thanks for following us!

Blogging 52

Blogging IP Advertising Advertising 52

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. With that complex procedural detour, we turn to the summary judgment decision. Background. The Decision.

Litigation 52

Litigation Advertising Advertising Reporting 52

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N. But did it?)

Government 112

Government IP Intellectual Property Reporting 112

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). First instance judgements in validity proceedings take much longer than judgments in infringement proceedings (>24 months as compared to 9-15 months). The AmeriKat enjoying the slower paced validity track.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

The IPKat

OCTOBER 2, 2023

Lord Justice Birss himself recently made headlines for praising the usefulness of ChatGPT for writing court judgments. LLM are undeniably very good at providing generic text on a topic for which the internet provides extensive guidance, and for which a deep understanding of complex specialist technical issues is not required.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

Copyright Lately

AUGUST 22, 2021

Judge Trenga didn’t cite Philpot’s checkered history in his recent summary judgment order. Also, I’m looking for future article topics! The post Are Courts Finally Getting Fed Up With Copyright Shakedowns? Have we turned a corner when it comes to copyright shakedown suits? appeared first on Copyright Lately.

Copyright 89

Copyright Fair Use Settlement Designs 89

LexBlog IP

OCTOBER 13, 2021

These persons must not have been charged, by way of final judgment, with a felony, and must not have been convicted for a felony or a misdemeanour to a penalty of imprisonment of more than two years. active or passive bribery. active or passive bribery. or e.nikolarea@metaxopouloslaw.gr ).

Related Rights 98

Related Rights Licensing Law Copyright 98

Kluwer Copyright Blog

OCTOBER 2, 2023

This round up series includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. The goal is to collect factual information and relant views toadvise Congress on national and international issues on the topic. You can read the previous round-ups here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

SpicyIP

JULY 3, 2022

But (facing Nya), I don’t wish to walk into the “IP Dharma” terrain, though I do want you to notice how difficult a ‘Right’ talk is and how it can lead to an intellectual imbroglio owing to its convergence with so many other moral and ethical topics of our daily life. Anyways, good points by the class overall!

IP 119

IP Intellectual Property Government Invention 119

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Assessing Misappropriation on Summary Judgment. August 6, 2021), a district court found that there was not sufficient evidence on summary judgment to establish misappropriation by a former employee who submitted competing bids for a competitor.

Law 59

Law Confidentiality Designs Design 59

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. He asked for the complaint to be dismissed with prejudice, judgment to be entered in his favor, plus an order for costs and attorneys’ fees incurred to date. Triller Lawsuit – June 2021.

Copyright Infringement 120

Copyright Infringement Copyright Settlement Reporting 120

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. Top 10 Judgments/Orders [Topicality/Impact]. c) Top 10 Other IP Developments. H Lundbeck A/S v. In H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

JULY 7, 2022

This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. CJEU judgments and AG Opinions. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

43(B)log

FEBRUARY 24, 2021

million for violation of existing order, highest monetary judgment ever for Made in USA case. Made in US: final assembly/processing and all significant processing in the US, and all or virtually all ingredients/components are made/sourced in the US. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

APRIL 5, 2022

This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. CJEU judgments and AG Opinions. post on the judgment is coming soon in the blog, so watch this space. Once the final versio of the DMA is available, we will examine this provision on the blog.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. These are briefly examined below, with the caveat that the version examined was leaked and is not final. (

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IPKat

FEBRUARY 27, 2023

On 15 February 2023, the General Court of the European Union issued its judgment in case T-204/22 ( Rimini Street, Inc. The case deals with the topic of whether the registration of slogans is allowed by EU trade mark law, this being a topic that The IPKat has also devoted substantial attention to (see here ). and the EUIPO.

Advertising 89

Advertising Advertising Registration Designs 89

Technology & Marketing Law Blog

OCTOBER 16, 2023

Instead, “the State here seeks to force covered businesses to exercise their editorial judgment…The State argues that businesses have complete discretion to set whatever policies they wish, and must merely commit to following them. That makes this topic is the #1 battle privacy advocates should be fighting. ” This is so true.

Designs 78

Designs Design Privacy Business 78

TorrentFreak

JULY 13, 2022

Most recently, both sides requested summary judgments , hoping to start the trial with an advantage. Internet terminations are not the only topic of concern. Specifically, they alleged that the ISP failed to terminate repeat infringers. These efforts failed and the case is now moving forward. Spying, Price Fixing, and Exploitation.

Music 139

Music Contracts Copyright Infringement Copying 139

Technology & Marketing Law Blog

MAY 25, 2022

The court helpfully summarized its outcomes: Do Social Media Make Editorial Judgments Protected by the First Amendment? The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Some of these provisions may not survive on remand, however.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. 4th 1196, 1210 (11th Cir.

Social Media 64

Social Media Law Publishing Blogging 64